In re G.A. CA2/5

Caution
Court of Appeal of CaliforniaMarch 25, 2024B327590California1,333 words

Opinion

Opinion

I. INTRODUCTION

G.A., mother of D.A. (the child), appeals from the orders of the juvenile court entered at the jurisdiction/disposition stage of this proceeding, challenging only whether the Department of Children and Family Services (the Department) complied with its duties of inquiry under the Indian Child Welfare Act of 1978 (ICWA, 25 U.S.C. § 1901 et seq.) and related California statutes (Welf. & Inst. Code1 § 224 et seq.). We conclude the appeals are moot.

All further statutory references are to the Welfare and Institutions Code

II. FACTUAL AND PROCEDURAL BACKGROUND2

A. Detention and Petition

On December 26, 2022, the Department received an expedited referral alleging neglect of the child by mother who had been arrested on a misdemeanor vandalism charge. On December 29, 2022, the Department filed a section 300 petition alleging that mother had a history of engaging in violent and assaultive behaviors in the presence of the child, including the incident that led to her vandalism arrest, and that her behavior endangered the child. The Department also alleged that mother failed to make an adequate plan for the care and supervision of the child while…

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